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VILLAGE OF HARTFORD v. ILL. COMMERCE COMM.

No. 79-8.

75 Ill. App.3d 133 (1979)

394 N.E.2d 23

VILLAGE OF HARTFORD, Petitioner-Appellee, v. ILLINOIS COMMERCE COMMISSION et al., Respondents-Appellants.

Appellate Court of Illinois — Fifth District.

Opinion filed August 2, 1979.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago (Hercules F. Bolos and Thomas J. Swabowski, Assistant Attorneys General, of counsel), for appellant Illinois Commerce Commission.

William A. Schmitt, of Pope and Driemeyer, of Belleville, for appellant Illinois Terminal Railroad Company.

William M. Cox, Jr., of Wood River, for appellee.

Order reversed.

Mr. PRESIDING JUSTICE GEORGE J. MORAN delivered the opinion of the court:

This is a joint appeal by the Illinois Commerce Commission (hereinafter "commission") and the Illinois Terminal Railroad Company (hereinafter "railroad") from an order of the circuit court of Madison County affirming in part and reversing in part an order of the commission.

On November 4, 1976, the railroad filed a petition with the commission to close seven grade...

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